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~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Elder Law

Smokers with Dementia or Alzheimer’s – A Unique Challenge.

22 Thursday Feb 2018

Posted by Celia C. Elwell, RP in Elder Law

≈ Comments Off on Smokers with Dementia or Alzheimer’s – A Unique Challenge.

Tags

Alzheimer's, Dementia, Dickinson Law, Elder Law Professor Blog, Katherine C. Pearson, Penn State, Smoking

A Seldom Discussed Legal Issue? The Problem of Smokers with Dementia, by Katherine C. Pearson, Dickinson Law, Penn State, Elder Law Professor Blog

http://bit.ly/2sN5xSq

If you are a smoker, then you already know it’s hard to stop. This post discusses something I had never considered. How do you address a smoker who is also an aging family member or friend with Alzheimer’s or dementia?

This is not about whether smoking is bad for your health. Just as folks eventually reach the age where it is not safe to do certain activities, think of what it is like for someone with Alzheimer’s lighting and dropping cigarettes – everywhere. Burns start showing up on the carpet and the favorite chair. Those are certainly dangerous signs, but the scariest scenario is finding burn holes in bed.

This is an excellent post. It also provides links to other posts. For those who practice in elder law or deal with this personally, you will want to read this. -CCE

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South Carolina Legal Blogs – The Cream of the Crop.

13 Wednesday Dec 2017

Posted by Celia C. Elwell, RP in Appellate Law, Criminal Law, Elder Law, Family Law, Litigation, Personal Injury, Probate and Trusts, Research, South Carolina Supreme Court, State Law, Tax Law

≈ 1 Comment

Tags

Justia, Legal Research, South Carolina Legal Blawgs

Most Popular South Carolina Blawgs, Blawg Search, Justia

https://blawgsearch.justia.com/blogs/countries/united-states/south-carolina

For my paralegal friends in South Carolina, here’s the top legal blogs in South Carolina sorted by popularity. There’s a little bit of everything here, and several caught my eye. It will take a while to digest it all. I recommend bookmarking this site, and visiting it often. -CCE

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Why Are Nursing Homes Often Understaffed?

08 Monday May 2017

Posted by Celia C. Elwell, RP in Elder Abuse, Elder Law, Nursing Home Abuse

≈ Comments Off on Why Are Nursing Homes Often Understaffed?

Tags

D’Amico & Pettinicchi LLC, Elder Care, Nursing Homes

How Do Understaffed Nursing Homes Affect Patients, posted on behalf of D’Amico & Pettinicchi, LLC (April 28, 2017)

http://bit.ly/2pWhPEr

This is a subject I’ve witnessed myself when taking care of a family member in a nursing home, so I admit my personal bias. While it may not be true for all nursing homes. I was told by nursing home staff that it is more often true that nursing home residents receive better care when family are frequent visitors and are paying close attention to the care. Unfortunately, not all nursing home residents have family advocates who are committed to their quality of care provided by nursing homes.

Understaffing is only one of the usual chronic problems in most nursing homes, which is the topic of this post. -CCE

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Free Research Guides from PACE Law School Library.

17 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Administrative Law, Corporate Law, Criminal Law, Elder Law, Environment Law, Immigration Law, Intellectual Property, International Law, Law Libraries, Legal Ethics, Research, Trial Tips and Techniques

≈ Comments Off on Free Research Guides from PACE Law School Library.

Tags

Legal Research Guides, Pace Law School Library

Research Guides, Pace Law School Library

http://libraryguides.law.pace.edu/index.php

Administrative Law, Bar Exam, Copyright and IP Law, Corporate, Business & Securities Law, Criminal Law and Procedure, Environmental and Energy Law, Health and Elder Law, Immigration Law, International and Foreign Law, Land Use Law, and more. Definitely worth a look. -CCE

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Kentucky’s Bill To Prevent “Frivolous” Nursing Home And Other Medical Abuse Claims, But Is That The Problem?

21 Saturday Mar 2015

Posted by Celia C. Elwell, RP in Elder Abuse, Elder Law, Health Law, Health Reform, Litigation, Medical Malpractice, Negligence, Nursing Home Abuse, Personal Injury, Skilled Nursing Facilities, Wrongful Death

≈ Comments Off on Kentucky’s Bill To Prevent “Frivolous” Nursing Home And Other Medical Abuse Claims, But Is That The Problem?

Tags

Elder Abuse, Frivolous Litigation, Health Care Provider, Kentucky, Medical Malpractice, Nursing Homes

Senate OKs Bill For Review Panels In Medical Lawsuits After Lively Debate Between Doctors, Lawyers, Others, by Melissa Patrick, Kentucky Health News

http://kyhealthnews.blogspot.com/2015/02/senate-committee-oks-bill-for-review.html

The Senate has approved a bill that advocates say will help weed out ‘frivolous’ medical malpractice lawsuits and speed up litigation for legitimate suits.

‘Right now, Kentucky has one of the nations most litigation-friendly environments, making our commonwealth a prime and profitable target for personal injury lawyers preying upon our health care providers,’ Sen. Ralph Alvarado, R-Winchester, a physician and sponsor of Senate Bill 6, told the Senate Health and Welfare Committee. Opponents disputed that claim.

The Senate passed the bill Thursday 24-12. It is not expected to pass the House.

The bill would establish panels of three medical experts, two chosen by each side and the third chosen by the other two, to review suits against health-care providers to determine if the case has merit before the lawsuit can proceed. Panel findings would be admissible in court but not legally binding.

The Republican-controlled Senate passed a very similar bill last year but it got nowhere in the Democrat-controlled House, and its prospects are similar this time. However, Wednesday’s committee meeting provided a detailed and lively explication of the issue, lasing almost two hours.

Vanessa Cantley, a Louisville personal injury attorney, told the committee that most medical malpractice cases are legitimate. She cited a Harvard University study published in the New England Journal of Medicine that concluded ‘portraits of a malpractice system that is stricken with frivolous litigation are overblown’ and reported that 97 percent of claims for medical injury evaluated over a decade were deemed to be meritorious.

However, Michael Sutton of Louisville, a civil defense attorney, said defendants win 80 per cent of medical malpractice suits.

Cantley said there are 2,700 deaths in Kentucky each year due to purely preventable medical error, but, according to the state Department of Insurance, fewer than 500 lawsuits a year are filed by abuse and neglect victims. . . .

Continue reading →

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Warning Signs of Bad Nursing Home Care.

28 Sunday Sep 2014

Posted by Celia C. Elwell, RP in Elder Abuse, Elder Law, Nursing Home Abuse

≈ Comments Off on Warning Signs of Bad Nursing Home Care.

Tags

Elder Abuse, Elder Care, Kurtis Hiatt, Nursing Homes, U.S. News & World Report

9 Warning Signs of Bad Care, by Kurtis Hiatt, U.S. News & World Report

http://tinyurl.com/m9q6ezr

One of the reasons I picked this post is that, on the same page, you will find a Guide to Nursing Homes, including “How to Choose a Nursing Home,” “How to Cover the Cost,” and “How to Guarantee Good Care.” It also includes a step-by-step video of actions to take before choosing a nursing home. Unless you medical knowledge or experience and know what kind of care is normal and acceptable, making decisions about elder care is confusing and difficult. –CCE

It’s frustrating to discover that the care Mom is receiving in her new nursing home falls short of expectations—yours and hers. It’s frightening to think that it might be bad.

But how would you know?

‘There are literally dozens of warning signs,’ says Dan Sewell, director of the senior behavioral health unit at the UC San Diego Medical Center. Here are what he and other experts consider especially serious red flags. . . .

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Elder Abuse Resources From Medline Plus.

09 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Elder Abuse, Elder Law

≈ Comments Off on Elder Abuse Resources From Medline Plus.

Tags

Elder Abuse, Medline Plus, National Institute on Aging, National Institutes of Health, U.S. National Library of Health

Elder Abuse – Medline Plus, U.S. National Library of Medicine, National Institute of Health

http://www.nlm.nih.gov/medlineplus/elderabuse.html

One of the best resources on elder abuse I have found. Please scroll past the article to sign up for updates via email. Keep scrolling down to find many more online resources.

At the bottom of the page, you can get this as a mobile version, sign up to receive information by email or RSS feed, and/or follow on Twitter. -CCE

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Senior Citizens – The Scammer’s Favorite Mark.

08 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Elder Law, Recent Links and Articles

≈ Comments Off on Senior Citizens – The Scammer’s Favorite Mark.

Tags

Financial Exploitation, Fraud, Identity Theft, Investment Fraud, Scammers, Senior Citizens, Theft, USA.gov

Scammers Target Senior Citizens, USA.gov Blog

http://blog.usa.gov/post/72686179442/scammers-target-senior-citizens

Not necessarily for seniors. Tips on avoiding scams, including financial exploitation, investment fraud, identity theft. -CCE

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New FLSA Regulations for Home Health Care Employees.

21 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Elder Law, Employment Law, Fair Labor Standards Act, Home Health Care

≈ Comments Off on New FLSA Regulations for Home Health Care Employees.

Tags

Care Givers, CNA, Companions, Employers Legal Resource Center, Home Health, Minimum Wage, Nurses, OSHA, Overtime

DOL Extends FLSA Protection to Home Care Aides, by okemployerlaw, Employers Legal Resource Center

http://tinyurl.com/kz5lp7k

Beginning January 1, 2015, new regulations under the Fair Labor Standards Act will require the home care industry to pay its employees minimum wage for hours worked up to 40 hours a week and overtime for a week over 40 hours. It will increase labor costs and could have an impact on the quality and availability of home health care. This except briefly outlines those changes.

Find more information by reading the entire post and FLSA’s Fact Sheet #25 at http://www.dol.gov/whd/regs/compliance/whdfs25.pdf.  -CCE

[U]nder the Fair Labor Standard Act, employers are required to pay employees minimum wage for hours worked up to 40 hours/week and time and half (overtime) for every hour worked over 40 hours/week. Two exemptions to this rule applicable to domestic services employment are the “companionship” exemption and the “live-in” exemption. The new rules narrowly interpret these exemptions thereby extending the FLSA protections to a host of in-home health care workers previously thought to be exempt, including certified nurse assistants (CNA), home health aides and personal care givers.

This Final Rule includes three (3) key changes that employers should be aware of. First, it narrowly defines the tasks that fall under the companionship exemption. Under the new rule, “companionship services” means providing fellowship and protection for an elderly person or person with an illness, injury or disability who requires assistance in caring for herself/himself. Fellowship and protection may include simply talking, playing games, accompanying the person to appointments or on walks, etc. The companion/employee also may directly provide “care” to the ill/elderly person (in addition to fellowship and protection) without losing the exemption, provided the “care” does not exceed 20% of the total hours worked by the employee in a given workweek. “Care” includes assisting with activities for daily living (dressing, grooming, feeding, bathing), and assisting with “instrumental activities of daily living” (meal preparation, driving, light housework, managing finances and physical taking of medications). If an employee spends greater than 20% of his or her time performing “care” in a given workweek, he or she is entitled to minimum wage and overtime. An employee performing medically-related services must be paid the minimum wage and is entitled to overtime.

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“National Consumer Law Center”

06 Wednesday Nov 2013

Posted by Celia C. Elwell, RP in Consumer Law, Elder Law

≈ Comments Off on “National Consumer Law Center”

Tags

Consumer Law

English: BLue Line button

National Consumer Law Center – Advancing Fairness in the Marketplace for All

http://www.nclc.org/

This site has a ton of information. Check out the Blue Button on the far right – “For Consumers.” CCE

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How to Identify, Prevent, and Report Elder Abuse and Neglect

01 Friday Nov 2013

Posted by Celia C. Elwell, RP in Elder Law

≈ Comments Off on How to Identify, Prevent, and Report Elder Abuse and Neglect

Tags

Elder Law, Violence and Abuse

Elder Abuse & Neglect – Warning Signs, Risk Factors, Prevention, and Reporting Abuse, HELPGUIDE.org

http://perma.cc/0AB5Yb34c56

At the bottom of this web page, there are related articles on “Reporting Elder Abuse,” “Reporting Abuse In the Home,” “Self-Neglect,” and “Caretaker Stress & Burnout.” CCE

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National Center on Elder Abuse

24 Thursday Oct 2013

Posted by Celia C. Elwell, RP in Assisted Living Abuse, Elder Law, Federal Law, Legal Directories, Nursing Home Abuse, Research, State Law

≈ Comments Off on National Center on Elder Abuse

Tags

Assisted Living, Elder Law, Nursing Homes, Research

National Center on Elder Abuse – Administration of Aging
http://www.ncea.aoa.gov/

An excellent resource with current information on best practices, news, resources, FAQs, training, and a library. Research data includes:

State Resources: http://www.ncea.aoa.gov/Stop_Abuse/Get_Help/State/index.aspx

Tribal Resources: http://www.ncea.aoa.gov/Resources/Tribal/index.aspx

Statistics and Data: http://www.ncea.aoa.gov/Library/Data/index.aspx

Research Briefs for 2013 and 2012: http://www.ncea.aoa.gov/Library/Review/Brief/index.aspx

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Elder Abuse

15 Tuesday Oct 2013

Posted by Celia C. Elwell, RP in Assisted Living Abuse, Elder Law, Nursing Home Abuse

≈ Comments Off on Elder Abuse

Tags

Assisted Living Abuse, Elder Law, Nursing Home Abuse

Elder Abuse & Neglect – Warning Signs, Risk Factors, Prevention, and Reporting Abuse, HELPGUIDE.org
http://bit.ly/bvkVR

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